Get Inspired, Be Empowered Forums Sexism & Patriarchy Has the criminalization of Triple Talaq really helped Muslim women? Reply To: Has the criminalization of Triple Talaq really helped Muslim women?

Manpreet Singh
Not Helpful

The simple answer would be no, criminalisation of triple Talaq has not healed the overall situation of Muslim women. it can be explained through the following points-
With the criminalization of triple talaq, the legislature has tried to breach the private matters of the husband and wife by making it a public offense. if we compare every other civil rule relating to marriages, then we will find that it is a unique proposition under Muslim law and according to article 14 of the constitution, it cannot stand the test of reason and equality because there is no reasonable explanation for the same. the law operates harshly e on the man because even bail provision has not to be provided.
The act has not made any provision regarding the Welfare of the wife after she has been divorced. no maintenance provision has been given and it is not a closed secret that after the marriage has been broken beyond repair, just avoiding divorce would not do anything to heal it and in most cases, the wife is driven out of their homes in a helpless situation.
even on the ground of fairness, the critiques have said that it is an indirect attack against the particular religious community. the Act does not stand on the principle of justice equality and fairness and if it were to stand the test of article 14 then it would fail miserably.
The act does not work towards the repair of the marriage by providing counseling services. Enev under Hindu marriage act, it is obligatory on the court to try reconciliation between the parties. Just simply preventing divorce won’t cut.